New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-02-26
ROURKE'S LIFE IS SPARED.
VERDICT OF SECOND D-DEGREE MURDER.
THE JURY THOUGHT TO BE MERCIFUL-COoLNEsS


THE JURY THOUGHT TO BE MERCIFUL-COOLNEsS
OF TIE PRISONER.
The jury in the of Policeman william Rourke de-
cided last night after dcberating hour and half
that he guilty of murder in the second degree In kill
ing Roundsman Robert A. Montgomery January 8, in
Seventy Madisonave. The prisoner re-
ceved the verdict without finching. Recorder Sniyth
discharged the Jurors and the prisoner wished to have
the two days delay allowed by law the sentence
postponed till Monday.
The prisoners father and mother who had sat beside
him throughout the trial. wept and kissed and embraced
their The only sentence that be inflicted is i'm
prsonmen for life The prevailing opinion in the court
that the jury had been mcrcul in their verdict
Fay II. Purdy was the first witness examined yester-
day. He is n young man with broad forehead and
short carefully parted hair of q reddish-brown hue.
He the witness spoken OF by two other wit
ncsses the u man with the tall hat who appeared
on the scene of the murder almost Immediately after
the second shot fired. lie heard the shots as he
walking down the avenue. He ran to the place
where tho two struggling. Montgomery
said Look oGt for him. lie has pistol" Officer
McGiIl up and took charge OF Rourkc Mont
gomery's coat was fire and the witness put it out
Mr. Purdv couoboratel the testimony Of the police
officers to what occurred later.
Colonel Fellows asked whether Mr.. Purdy had found
anything in Mr. Montgomery's hand. lie said that he
had found all steel pin. lie identified as resem-
bling tic be had found the cylnder pin OF re-
volver. Roundsman Montgomery had evidently in bis
struggle with Rourke succeeded in drawing out the
cylinder pinot Rourbes revolver. Other witnesses had
testified that the cylinder fell from Ronrkes pistol rs
il was taken from him by Officer McGill. Mr. Purdy
said that he went to the hospital and took statement
from Roundsman Montgomery as to the circumstances
attending the shooting. The statement was not re-
ceived in evidence.
officer Cornelius Mccarthy corroboraed the cvi-
dcce liven by other witnesses to the position and
language of tho two officers Just after the shooting
He said that while he stood beside Rourke, Mont
ca Billy, why did you do that never harmed you."
RouIke said " You never did, did you! Why you
H. / al, .fapo nd
going to make another. lhenyou hit me with
The Ronndsman said: @No didn't hit YOU
Mccarthy said to Montgomery: Rounds you
better not talk. IL may huit you"
Roger \. Pryor, jr, the son OF the leading counsel
for RourIe made the opening address to the jury Tor
the defence. He criticised Colonel Fcllowss OPEN
ing speech ahd told Rourkes story inst as he related IL
| on the witness stdnd alterward. large numner OF
witnesses called to prove the good reputation oil
Rourkc In to the questions OF Colonel Fellows
they said that they had heard OF the thrtyfOur
| complaints made against hun while he was ponce
officer, of the indictment pending against houihe Ior
| beating his wife.
The defendant himself was called TO the witness
stand. lie il OF short stature, has dark hair aud
brown mustachc. HIS forehead ia low and his general
appearancc l. that OF OF much intelligence,
bat he gave his evidence clearly. lie was cool to the
extent ot indifference III describing the sho9'n9' anu
he did not wines in The least when at Colonel Eel
lows's request he examined the pistol with which the
shooting was done. His story in subsistence was:
was slck ON ths evsning OF January 9 and COM
peled to 20 to tue shauty IN tifthave. While was
! there Roundsnan Montgomery camc IN lie SAID
aPiy how IL thisr lie said: Come got out OF this
and went out with him As we wero walking along no
sail: shall have 10 make complaint about ms
asst him not DO already hal two complaints
/ against me. when got 10 Madson-lye IN ShNenty-
thrlst he crossed called to him and sald
/ Rounds can | speak to your Hs SAID What 30 you
/ vantT said: Don't make n complaint elllbst me
Think OF ny wife ani children" lie said: don't cara
/ rye got 10 make a complaint" well said don
/ car, ethei. You can't break me-" lio SAID: You gcl
ont OF here; 20 your post. and struck me on the
mouth with hs club Iio raised his club TO strike inc
agaiu and drew my pistol cooking II rs drew II ana
| hred Hc put his arm around mo and dr,e gei ine
! toward Fourth ave. lie pulled my head down on my
breast ana he was bending mo down to tho gr0und
/ wnon ltod tho second shot
"a. On examination Colonel Fellows endeavored
10 intro luce the evidence OF Rourkos bad record az
policc oicer but IL ruled ont In answer TO tolo
mel Fellows Rourke denied several statements of Cap
tain Gu amer and the policemen lie said th ut he had
ON his heavy overcoat and his belt and club when
he put his hand in his poe he, 60 obtain his revolver
General Pryor and Colonel Fellows made the CLOSING
ar rnents the defence and prosecution. Recorder
SIN, tn made careful charge 10 the jury reading IRON
the leading authorities the subjects OF prcmedita
ton and drbcration of intent as inferred IRON acts
and of self defense He consented To charge part OF
the req uests presented by General Pryor but refusing
many OF them The Jury retired Mt $3.50 p. III.